Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=364173
Briceni District Council secretary and deputy candidate from the list of the Party of Communists in the same council, Mr Voloşenco Gregory, notified the Central Election Commission about the incompatibility adviser Babiuc Aliona selected list of Communists Party. The complaints were registered at the Commission under no. CEC 7/14460 of 9 December 2015 and No. CEC 7/14472 of 10 December 2015 and are accompanied by documents that the adviser holds Aliona Babiuc on August 3, 2015 interim director of Lyceum no. 1 in town. Briceni.
In examining complaints, the Commission requested information Briceni district chairman of the existence of subordination relations between No.1 High School in the town. Briceni and the head of that institution, and Briceni District Council also been announced whether or held the contest for the director of high school. According to information given by the chairman of the district Briceni by letter no. 16 of 18 January 2016, is the founder Briceni District Council Directorate of Education, Youth and Sports with all its subdivisions (lyceums, gymnasiums, etc.), and the contest for the position of director has not been announced.
Examined the documents submitted reveals the incompatibility provided for in art. 7 paragraph. (1) d) of Law no. 768-XIV of 2 February 2000 concerning the status of local elected, which states that the mandate of locally elected representative is incompatible with the position of chief, deputy head (including the interim these functions) subordinate structures of local public authorities (public institutions, services, municipal enterprises).
Thus, in accordance with art. 8 paragraph. (1) of the act, a local representative who is in one of the cases of incompatibility will resign as incompatible with the office held or will file its mandate within 30 days of the occurrence of incompatibility. Given that Ms. Aliona Babiuc not resigned from one of the incompatible functions within the deadline, the Central Election Commission decides lifting mandate under Article adviser. 8 paragraph. (21) of Law no. 768-XIV of 2 February 2000 concerning the status of local elected at the request of interested persons.
According to the documents it holds elections the Central Election Commission, the office of councilor in Briceni District Council bears alternate candidate on the list Voloşenco Grigore Moldovan Communist Party, confirmed by the Court's judgment of 27 June 2015 || Briceni | pursuant to art. 18 para. (2), paragraph 22. (1) u) and 133 para. (12) of the Electoral Code 1381-XIII of 21 November 1997 art. 5 paragraph. (2) c) and f), par. (3) and. (31) Art. 7 paragraph. (1) d.) and art. 8 paragraph. (21) of Law no. 768-XIV of 2 February 2000 concerning the status of local elected and in accordance with pt. 17, 21, 24 and 29 of the Regulation on the procedure of removing and validation of councilors' mandates approved by CEC Decision no. 1931 of 23 April 2013, the Central Election Commission decides:
1. Amounts in connection with the tool incompatibility, Aliona Babiuc mandate of elected on the Communist Party in Moldova Briceni District Council.
2. It assigns council mandate in Briceni District Council Voloşenco Gregory alternate candidate on the list of the Party of Communists.
March. It preavizează adviser Gregory Voloşenco the obligation to comply with the deadline of 30 days to remove the incompatibility if it develops.
4. This decision shall enter into force upon adoption, will be published on the official website of the Central Election Commission and in the Official Gazette of the Republic of Moldova.
CENTRAL ELECTORAL COMMISSION PRESIDENT
Secretary Andrei Volentir
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